The purpose of the amendment is to restructure the probable cause panels to avoid tie votes and reduce the number of panels as a result of reduction in case loads.

 

DEPARTMENT OF HEALTH

Board of Nursing

RULE NO.:RULE TITLE:

64B9-8.001The Probable Cause Panel

PURPOSE AND EFFECT: The purpose of the amendment is to restructure the probable cause panels to avoid tie votes and reduce the number of panels as a result of reduction in case loads.

SUMMARY: Restructuring of Probable Cause Panel

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: During discussion of the economic impact of this rule at its Board meeting, the Board, based upon the expertise and experience of its members, determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary because the rule has no impact on any persons or businesses; the only persons impacted are the members of the probable cause panels, and that the rule will not require ratification by the Legislature. No person or interested party submitted additional information regarding the economic impact at that time.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 456.073(2), (4), 464.006 FS.

LAW IMPLEMENTED: 456.073(6) FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Joe R. Baker, Jr., Executive Director, Board of Nursing, 4052 Bald Cypress Way, Bin #C02, Tallahassee, Florida 32399, [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B9-8.001 The Probable Cause Panel.

(1) No change.

(2) The Board establishes two three probable cause panels of three two persons each to be appointed by the Chairman of the Board. Each panel may have one former Board member serve, and at least one member of each panel must be an active licensee of the Board. No more than one member of each panel shall be a consumer member. One member of each panel shall be designated chairman. The Board may designate one panel to review the cases closed by the Department. The Chair may appoint an additional probable cause panel if necessary based on the volume of cases represented to the panels.

(3) No change.

(4) The panel shall recommend suggest penalties for inclusion in any settlement agreements stipulations between the Department and the licensee, based on the material submitted by the Department, the Board’s past treatment of similar cases, and the Board’s disciplinary guidelines. All stipulations and Tterms shall be subject to approval or rejection by the full Board.

(5) The panel may consider and recommend rules concerning disciplinary actions, procedures, and penalties to the full Board.

Rulemaking Specific Authority 456.073(2), (4), 464.006 FS. Law Implemented 456.073(6) FS. History–New 11-28-79, Amended 11-22-84, Formerly 21O-10.04, Amended 4-8-92, 9-22-92, Formerly 21O-10.004, 61F7-8.001, Amended 5-1-95, Formerly 59S-8.001, Amended 8-18-98, 4-28-99, 12-13-11,____________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Nursing

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Nursing

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 7, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 6, 2014